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22LSO-0396
2022
STATE OF WYOMING
22LSO-0396
Numbered
2.0
SENATE FILE NO. SF0094
Penalties for mandating COVID-19 vaccinations-2.
Sponsored by: Senator(s) James, Bouchard and McKeown and Representative(s) Fortner
A BILL
for
AN ACT relating to offenses by public officials; prohibiting COVID-19 vaccination mandates as specified; prohibiting penalties and sanctions for the use of alternative COVID-19 treatments; providing penalties; providing definitions; making conforming amendments as specified; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 6
‑
5
‑
119 is created to read:
6
‑
5
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119.
Offenses and penalties regarding federal COVID
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19 vaccine mandates; defense of Wyoming citizens.
(a)
As used in this section:
(i)
"COVID
‑
19 vaccine" or "COVID
‑
19 vaccination" means any vaccine that is marketed to prevent COVID
‑
19 or any vaccine that is marketed to diminish or decrease the symptoms of COVID
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19;
(ii)
"Fine" as used in this section is intended to mean an amount equal to either the amount of money the federal government is fining the Wyoming entity in question due to noncompliance with a federal COVID
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19 vaccine mandate or the amount of money the federal government is withholding in federal funds for Medicare or other services in retaliation for noncompliance with a federal COVID
‑
19 vaccine mandate;
(iii)
"Public entity" means as defined by W.S. 16
‑
6
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101(a)(viii) and also includes special districts;
(iv)
"Public servant" means an employee, contract employee or elected official of a public entity.
(b)
No public servant
shall enforce or attempt to enforce any act, order, law, statute, rule or regulation of the United States government regarding mandating COVID
‑
19 vaccinations or mandating the use or prohibition of any other form of COVID
‑
19 preventative treatment that includes but is not limited to a nasal spray, pill or tablet.
(c)
No public entity shall adopt any rule, regulation or policy which attempts to enforce or require a COVID
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19 vaccination mandate or the mandate or prohibition of an administration of a COVID
‑
19 preventative treatment as a condition
of participation in the curriculum, services, programs, activities or operations of the public entity.
(d)
Any public servant who violates subsection (b) or (c) of this section shall be guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine as described in subsection (a)(ii) of this section, or both.
(e)
In addition to the criminal penalties in subsection (d) of this section, a public servant who violates subsection (b) or (c) of this section shall be:
(i)
Terminated from their employment or removed from their office and shall no longer qualify for employment by any public entity in Wyoming;
(ii)
Ineligible to obtain any benefits under the retirement plan they receive or are entitled to receive in the future due to their employment with a public entity in Wyoming.
(f)
Any person aggrieved by a public servant due to a violation of this section
, including but not limited to requiring a person to take unpaid leave from their employment due to not abiding by a COVID
‑
19 vaccine mandate,
shall have the ability to file a cause of action against that public servant.
(g)
Any federal official, agent, contractor or employee of the United States who enforces or attempts to
enforce any act, order, law, statute, rule or regulation of the United States government regarding COVID
‑
19 vaccinations or any other form of preventative treatment, which includes but is not limited to a nasal spray, pill or tablet, shall be guilty of a misdemeanor and, upon conviction, shall be punishable by imprisonment for not more than one (1) year, a
fine as described in subsection (a)(ii) of this section
, or both.
(h)
A corporation doing business in this state violates article 10, section 5 of the Wyoming constitution by violating article 1, section 38 of the Wyoming constitution if it enforces or attempts to enforce
any act, order, law, statute, rule or regulation of the United States government that mandates COVID
‑
19 vaccinations or mandates the use or prohibition of any other form of COVID
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19 preventative treatment which includes but is not limited to a nasal spray, pill or tablet. If such a violation occurs, the corporation shall forfeit their ability to conduct business in the state of Wyoming.
Section 2.
W.S. 1
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20
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110(a)(i), (ii) and by creating a new subsection (e), 1
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39
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104(a), 9
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3
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426(a)(ii) and by creating a new subsection (f), 9
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3
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620(a) and by creating a new subsection (c), 9
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3
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712(a) and by creating a new subsection (c), 15
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5
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209(a) and by creating a new subsection (c), 15
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5
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313(c) and by creating a new subsection (d) and 15
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5
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422(a) and by creating a new subsection (c) are amended to read:
1
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20
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110.
Exemption for retirement funds and accounts except as specified.
(a)
The following are exempt from execution, attachment, garnishment or any other legal process:
(i)
The interest of an individual or beneficiary in a retirement plan
, except as provided by W.S. 6
‑
5
‑
119(e)(ii)
;
(ii)
Money or other assets payable to an individual from a retirement plan
, except as provided by W.S. 6
‑
5
‑
119(e)(ii)
;
(e)
If an individual's retirement benefits are forfeited due to a violation of W.S. 6
‑
5
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119 and there are no beneficiaries under the retirement plan, the applicable retirement agency shall seize the individual's retirement benefits and the retirement benefits shall revert back to the applicable retirement agency. If there are beneficiaries under the retirement plan, the forfeited retirement benefits shall be distributed to the beneficiaries.
1
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39
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104.
Granting immunity from tort liability; liability on contracts; exceptions.
(a)
A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1
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39
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105 through 1
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39
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112
and 6
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5
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119(f)
. Any immunity in actions based on a contract entered into by a governmental entity is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except
as provided in W.S. 1
‑
39
‑
120(b). The claims procedures of W.S. 1
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39
‑
113 apply to contractual claims against governmental entities.
9
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3
‑
426.
Benefits, allowances and contents of account exempt from taxation and not subject to execution or attachment except as specified; assignment limited; qualified domestic relations order; system assets.
(a)
The benefits and allowances and the cash and securities in the account created by this article:
(ii)
Are not subject to execution or attachment by trustee process or otherwise, in law or equity, or under any other process whatsoever
, except as provided by W.S. 6
‑
5
‑
119(e)(ii)
;
(f)
If an employee's retirement benefits are forfeited due to a violation of W.S. 6
‑
5
‑
119 and there are no beneficiaries under the retirement plan, the retirement board shall seize the employee's retirement benefits and the retirement benefits shall revert back to the retirement
system. If there are beneficiaries under the retirement plan, the forfeited retirement benefits shall be distributed to the beneficiaries.
9
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3
‑
620.
Exemption of benefits from state and local taxes, execution and attachment except as specified; benefits paid under qualified domestic relations order.
(a)
Benefits and allowances set forth under this article are exempt from any state, county or municipal tax and are not subject to execution or attachment by trustee process or otherwise, in law or equity, or under any other process,
except as provided by W.S. 6
‑
5
‑
119(e)(ii),
and are not assignable except as specially provided in this article.
(c)
If an employee's retirement benefits are forfeited due to a violation of W.S. 6
‑
5
‑
119 and there are no beneficiaries under the retirement plan, the retirement board shall seize the employee's retirement benefits and the retirement benefits shall revert back to the retirement fund. If there are beneficiaries under the retirement plan,
the forfeited retirement benefits shall be distributed to the beneficiaries.
9
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3
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712.
Exemption of benefits from state and local taxes, execution and attachment except as specified; benefits paid under qualified domestic relations order.
(a)
Benefits and allowances set forth under this article are exempt from any state, county or municipal tax and are not subject to execution or attachment by trustee process or otherwise, in law or equity, or under any other process,
except as provided by W.S. 6
‑
5
‑
119(e)(ii),
and are not assignable except as specially provided in this article.
(c)
If an employee's retirement benefits are forfeited due to a violation of W.S. 6
‑
5
‑
119 and there are no beneficiaries under the retirement plan, the retirement board shall seize the employee's retirement benefits and the retirement benefits shall revert back to the retirement program. If there are beneficiaries under the retirement
plan, the forfeited retirement benefits shall be distributed to the beneficiaries.
15
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5
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209.
Payments; when and how made; protections; nonassignability; qualified domestic relations order.
(a)
Payments made under this article shall be made to the beneficiaries on or before the fifth day of each month and shall be made by voucher approved by the board or its designee drawn against the firemen's pension account and paid by the board out of the account. No payments made under this article are subject to judgment, attachment, execution, garnishment or other legal process
, except as provided by W.S. 6
‑
5
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119(e)(ii),
and are not assignable nor shall the board recognize any assignment nor pay over any sum assigned.
(c)
If a fireman's pension benefits are forfeited due to a violation of W.S. 6
‑
5
‑
119 and there are no beneficiaries under the pension plan, the retirement board shall seize the fireman's pension benefits and the pension benefits shall revert back to the pension fund. If there
are beneficiaries under the pension plan, the pension benefits shall be distributed to the beneficiaries.
15
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5
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313.
Pension application; when payments made and benefits suspended; pension protections.
(c)
The cash and securities while in the account created by this article are exempt from any state, county or municipal tax of this state, and are not subject to execution or attachment by trustee process or otherwise, in law or equity, or under any other process whatsoever,
except as provided by W.S. 6
‑
5
‑
119(e)(ii),
and are not assignable.
(d)
If a policeman's pension benefits are forfeited due to a violation of W.S. 6
‑
5
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119 and there are no beneficiaries under the pension plan, the retirement board shall seize the policeman's pension benefits and the pension benefits shall revert back to the pension fund. If there are beneficiaries under the pension plan, the forfeited pension benefits shall be distributed to the beneficiaries.
15
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5
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422.
Payments; when and how made; protections; nonassignability; qualified domestic relations order.
(a)
Payments made under this article shall be made to the beneficiaries on or before the fifth day of each month. Payments shall be made by voucher drawn against the firemen's pension account and paid by the state auditor out of the account or using an appropriate alternative method approved by the state auditor. No payments made under this article are subject to judgment, attachment, execution, garnishment or other legal process
, except as provided by W.S. 6
‑
5
‑
119(e)(ii),
and are not assignable nor shall the board recognize any assignment nor pay over any sum assigned.
(c)
If an employee's pension benefits are forfeited due to a violation of W.S. 6
‑
5
‑
119 and there are no beneficiaries under the pension plan, the retirement board shall seize the employee's pension benefits and the pension benefits shall revert back to the pension fund. If there
are beneficiaries under the pension plan, the forfeited pension benefits shall be distributed to the beneficiaries.
Section 3.
This act is effective
immediately upon completion of all acts necessary for a
bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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SF0094